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CONTRA7 NO....
AMENDMENT NO. 2 AND SECOND RENEWAL
OF FORT WORTH CITY SECRETARY
CONTRACT NO. 46573
This AMENDMENT No. 2 ("AMENDMENT") AND SECOND RENEWAL OF
FORT WORTH CITY SECRETARY CONTRACT NO. 46573 is made and entered into by
and between the City of Fort Worth, a home-rule municipal corporation of the State of Texas
("City"), acting herein by and through Susan Alanis, its duly authorized Assistant City Manager,
and SimplyWell, Inc. ("Contractor"), acting herein by and through Michael K. Lamb, its duly
authorized Chief Executive Officer. City and Contractor are individually referred to as a"party"
and collectively referred to as the "parties".
WHEREAS, City and Contractor are currently parties to an agreement for Contractor to
provide a full range of health and wellness services including health risk assessments, preventive
screening data collection, biometric data collection, and other data driven services, the same
being Fort Worth City Secretary Contract No.46573 as amended (the"Agreement"); and
WHEREAS, the Agreement provides for a 2-year initial term with options for up to
three, one-year renewal terms; and
WHEREAS,the Agreement was amended for the first time on April 20, 2017 to change
a definition of a term in the Agreement, as well as to make minor changes to the billing schedule.
WHEREAS,City exercised its right to renew the Agreement for its first Renewal Term
for an additional one year period on March 27, 2017.
WHEREAS, the parties wish to amend the Agreement to provide updated provisions and
add language required under recently enacted state law.
WHEREAS, City wishes to exercise its second Renewal Term under the Agreement,
commencing at the expiration of the first Renewal Term and ending on n
OFFICIAL RECORD
CIT`'SECRETARY
AMENDMENT No.2 AND SECOND RENEWAL OF CSC NO.46573 4
WHEREAS, the parties acknowledge that Contractor's legal name has changed from
"Viverae, Inc." to "SimplyWell, Inc." and that all legal documentation moving forward should
reflect"SimplyWell, Inc."
NOW THEREFORE, KNOWN ALL BY THESE PRESENT, City and Contractor, acting
herein by and through their duly authorized representatives, enter into this Amendment, which
amends the Agreement as follows:
1.
The Agreement is hereby amended by adding the following paragraphs:
a. Immigration Nationality Act. Contractor shall verify the identity and employment
eligibility of its employees who perform work under this Agreement, including
completing the Employment Eligibility Verification Form (I-9). Upon request by
City and to the extent permitted by law, Contractor shall provide City with copies of
all I-9 forms and supporting eligibility documentation for each employee who
performs work under this Agreement. Contractor shall adhere to all Federal and State
laws as well as establish appropriate procedures and controls so that no services will
be performed by any Contractor employee who is not legally eligible to perform such
services. CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY
HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO
VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR,
CONTRACTOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR
LICENSEES. City, upon written notice to Contractor, shall have the right to
immediately terminate this Agreement for violations of this provision by Contractor.
b. No Boycott of Israel. Contractor acknowledges that in accordance with Chapter 2270
of the Texas Government Code, the City is prohibited from entering into a contract
with a company for goods or services unless the contract contains a written
verification from the company that it: (1) does not boycott Israel; and (2) will not
boycott Israel during the term of the Agreement. The terms "boycott Israel" and
"company" shall have the meanings ascribed to those terms in Section 808.001 of the
AMENDMENT No.2 AND SECOND RENEWAL OF CSC NO.40573 Page 2 of 4
Texas Government Code. BY SIGNING THIS AGREEMENT, CONTRACTOR
CERTIFIES THAT CONTRACTOR'S SIGNATURE PROVIDES WRITTEN
VERTIFICATION TO THE CITY THAT CONTRACTOR: (1) DOES NOT
BOYCOTT ISRAEL;AND (2) WILL NOT BOYCOTT ISRAEL DURING THE
TERM OF THE CONTRACT.
2.
City and Contractor hereby agree to renew and extend the Agreement for a second
Renewal Term, beginning at the expiration of the first Renewal Term, and ending April 30,
2019.
3.
Except as expressly modified in this Amendment, all other terms and conditions of the
Agreement shall remain in full force and effect.
[Signature Page Follows)
AMENDMENT No.2 AND SECOND RENEWAL OF CSC NO.46573 Page 3 of 4
IN WITNESS WHEREOF, the said arUes have hereto set their hands and seal of office
to triplicate originals on this day of , 2018.
CITY: CONTRACTOR:
CITY OF FORT WORTH SIMPLYWELL, INC.
APPROVED:
, B J
By4e: S
y:
Naan Alanis Nam : Michael K. Lamb
Titistant City Manager Title: President&CEO
APPROVED AS TO FORM AND
LEGALITY:
By:
Name: Thomas Royce ansen
Title: Assistant City Attorney
Contract Authorization: M&C PA
ATT'ESTE
r7 xFaRro
By:
Na e: Wry Kayser ts
Ti e: City Secretary
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OFFICIAL.RECORD
CITY SECRETARY
X .WORTH,TX
AMENDMENT No,2 AND SECOND RENEWAL OF CSC NO.46573 Page 4 of 4
Contract Compliance Manager:
By signing 1 acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
4��
Vicki Tieszen M.A. QFWD
Name of Employee
—Wellness/EAP Manager
Title
JFT
ICIAL.RECORD
Y SECRETARY
WORT"t TX